Gauhati High Court
AB/4433/2021 of LOKAM PETER Vs THE STATE OF ASSAM on 29 December 2021
GAHC010228632021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4433/2021 LOKAM PETER S/O LATE LOKAM CHAGAR R/O POLO COLONY, P.O. NAHARLAGUN, PAPUMPARE ARUNACHAL PRADESH, PIN-791110 VERSUS THE STATE OF ASSAM REP. BY THE LEARNED PP, ASSAM
Arguments
GAHC010228632021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/4433/2021
LOKAM PETER S/O LATE LOKAM CHAGAR R/O POLO COLONY, P.O. NAHARLAGUN, PAPUMPARE ARUNACHAL PRADESH, PIN-791110
VERSUS
THE STATE OF ASSAM REP. BY THE LEARNED PP, ASSAM
Advocate for the Petitioner : MR. K M MAHANTA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
Date : 29-12-2021
ORDER
Heard Mr. K. Mahanta, learned counsel for the petitioner and Ms B.
Bhuyan, learned Addl. P.P. Assam for the respondent.
This is an application under Section 438 of the Cr. P.C. filed by thepetitioner, namely, Sri Lokam Peter praying for pre-arrest bail inconnection with Boginadi P.S. Case No. 310/2021 registered under Section 420/406/403/506/34 of the IPC.
The informant has an agreement with the O.P. No. 1, by which, one excavator was handed over to the informant on rent. The rent was Rs.2,50,000/-. It is alleged that the O.P. No. 1 handed over the excavator tothe present petitioner and now he has been using the excavator inanother location. The informant claimed that if the excavator is used inanother location, the rent will be Rs. 3,50,000/- and thereby the informantclaims that the O.P. No. 1 has not paid the money.
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On a plain reading of the FIR, it is clear that the entire transaction is of civil dispute and the informant has the liberty to approach theappropriate forum.
Considering the aforesaid facts, this court is of the further opinion that the petitioner does not deserves to be detained in custody for theallegation brought against him. Therefore, the prayer for pre-arrest bail ofthe petitioner is allowed.
Accordingly, it is hereby directed that in the event of arrest of the petitioner named above shall be released on pre-arrest bail of Rs. 25,000/-with a suitable surety of the like amount to the satisfaction of thearresting authority.
The petitioner shall appear before the Investigating Officer of the concerned police station within 10 days from today.
Bail application is disposed of.
JUDGE
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